Senators John Yudichak, I-Swoyersville, and Lisa Baker. R-Lehman Township.

Senators John Yudichak, I-Swoyersville, and Lisa Baker. R-Lehman Township.

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WILKES-BARRE — The State Senate Wednesday approved two bills that would provide some much-needed clarity and common sense to the process of deciding which businesses can safely operate during the COVID-19 pandemic.

Sen. Lisa Baker, R-Lehman Township, said the bills approved by the Senate — SB 327 and SB 613 — would create a better process for determining which businesses can continue to remain open, provide clarity on mitigation strategies necessary to protect the health and safety of both customers and employees, and give county leaders a stronger voice in which mitigation measures should be implemented locally.

Sen. John Yudichak, I-Swoyersville, said the two pieces of legislation advance the idea that all three branches of state government — the executive, the legislative, and the judicial — should be working in tandem to meet the needs of every community and every citizen in the Commonwealth.

“The unique challenge of the COVID-19 crisis is not an open-ended opportunity for the executive branch to make unilateral decisions that exclude representatives from the legislative and judicial branches of government,” Yudichak said.

Baker said Gov. Tom Wolf ordered the closure of all businesses not deemed “life-sustaining” on March 16 in response to concerns about the spread of the coronavirus.

“We all recognize that extraordinary steps needed to be taken to help reduce the spread of the devastating coronavirus,” said Baker. “But we shuttered small businesses while keeping open large facilities where the risk of spreading disease can be even greater. That doesn’t make sense.”

Baker added that many questions have been raised by families, workers and employers about the extent of the state-declared business shutdown and the mysterious methods for deciding who can reopen and who cannot.

“This legislation is not a setback to the health-first approach in place,” Baker stated. “These measures are about giving people the chance to go back to work, where there is opportunity to reasonably do so safely.”

Senate Bill 613 would require the governor to create clear guidelines for businesses to operate during the COVID-19 pandemic. Businesses that are able to operate safely under the new guidelines would be permitted to re-open as long as they comply with mitigation strategies.

The bill would require COVID-19 mitigation plans to be developed by the Wolf Administration based on guidelines issued by the U.S. Centers for Disease Control and the U.S. Cyber-security and Infrastructure Security Agency (CISA).

Yudichak said SB-613 would require the governor to create clear guidelines for businesses to operate during the COVID-19 pandemic. Businesses that are able to operate safely under the new guidelines would be permitted to re-open as long as they comply with mitigation strategies.

“If the COVID-19 crisis has taught us anything, it has taught us we are all in this together and governments need to be collaborative in their approach to a global pandemic,” Yudichak said. “Neither the President nor the Governor has total authority over our response to this crisis; we must marshal the resources and talents of all levels of government to battle the spread of the novel coronavirus in our communities.”

To restore local control, Baker said SB-327 would give county governments the option to develop and implement their own plans to mitigate the spread of COVID-19, following CISA guidelines. Under the bill, businesses already identified as essential could continue to operate. However, counties would also be given the authority to develop plans to allow other industries to operate if it is safe to do so.

The bill also creates a COVID-19 Cost and Recovery Task Force made up of representatives of all three branches of government to identify and address issues related to the COVID-19 public health emergency together. The panel would be responsible for developing a recovery plan to restore public services and economic activity when it is safe to do so.

As amended, Yudichak said SB-327 will allow county governments to develop and implement their own plans to mitigate the spread of COVID-19. Under the bill, Yudichak said all businesses identified by Gov. Wolf and the CDC/CISA as essential infrastructure would be allowed to operate, but counties would have the option to allow additional employers to remain open if it is safe to do so, and with the proper mitigation measures in effect.

Reach Bill O’Boyle at 570-991-6118 or on Twitter @TLBillOBoyle.